Delhi HC quashes Registered FIR u/s 482 of CrPC on ground of Civil Nature of Disputed Matter [Read Order]
Delhi High Court – Registered FIR – FIR – Civil Nature of Disputed Matter – Disputed Matter – Civil Nature – CrPC – taxscan
Delhi High Court – Registered FIR – FIR – Civil Nature of Disputed Matter – Disputed Matter – Civil Nature – CrPC – taxscan
In a recent case, the Delhi High Court quashes the registered First Information Report (FIR) under section 482 of the Criminal Procedural Code,1973 on the ground of the civil nature of the disputed matter.
Shiv Kumar, the petitioner filed a petition under section 482 Criminal Procedural Code seeking for quashing of FIR under sections 406/420 read with section 120B of Indian Penal Code,1860 registered at Delhi police station.
Siddharth Luthra, Siddharth Aggarwal, and Karan Bharihok, the counsels for the petitioner contended that there are material suppressions and malicious concealment of vital facts in the FIR which had intentionally and deliberately not been disclosed to give the present civil dispute a criminal colour.
It was further submitted that the present FIR has been filed maliciously to give a purely civil and contractual dispute a criminal colour and under the garb of criminal proceedings sought recovery proceedings against the petitioners by coercing them to recover amounts paid by them in the company under insolvency.
The counsel for the respondent contended that there were cognizable offenses made out in the FIR and after a thorough investigation, the chargesheet had been filed. Thus the present petition was liable to be dismissed.
It was also submitted that a chargesheet had also been filed and since there are certain grave allegations against it, the present FIR cannot be quashed without making the company a party to the present petition.
The Court observed that by lodging frivolous FIRs and setting the criminal justice into motion, this Court had its inherent power under section 482 Criminal Procedural Code to quash such FIRs in justifiable cases to prevent the abuse of the process of the courts or to secure the ends of justice.
A single-member panel comprising Dinesh Kumar Sharma held that the registered FIR under sections 406/420 read with 120B of the Indian Penal Code registered at Delhi police station was quashed under section 482 of the Criminal Procedural Code.
To Read the full text of the Order CLICK HERE
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